The ICJ welcomes historic decision in Atala v. Chile

The ICJ welcomes historic decision in Atala v. Chile

The ICJ is pleased with the decision of the Inter-American Court of Human Rights that parental sexual orientation is not a factor in child custody cases.

On 20 March the Inter-American Court of Human Rights ruled that parental sexual orientation is not a factor in child custody cases and that Chile had violated Karen Atala’s rights to equality, non-discrimination and privacy when the Supreme Court of Chile removed custody of her three daughters from her because she had begun a relationship with another woman.

In its first sexual orientation case, the Court held that sexual orientation is a protected ground, included under “other social condition” in Article 1 of the American Convention on Human Rights.

The Court further stated that the best interests of the child test could not be used as a pretext for prohibited discrimination in custody cases.

The Court also found that the Supreme Court of Chile’s reliance on stereotypes and prejudices was a violation of the State’s obligation to protect rights. Finally, the Court stated that the American Convention did not protect a specific form of traditional family and that states must recognize diverse family structures.

The International Commission of Jurists was called by the Inter-American Commission as an expert and submitted written and oral testimony on the role of parental sexual orientation as a factor in child custody cases.
Decision:

(http://www.corteidh.or.cr/docs/casos/articulos/seriec_239_esp.pdf)

Expert Submission:

(https://www.icj.org/dwn/database/Jernow%20Written%20Submission.pdf)

Concluding observations: Chile, CCPR/C/CHL/CO/5, May 18, 2007

16. While it observes with satisfaction that the laws criminalizing homosexual relations between consenting adults have been repealed, the Committee remains concerned about the discrimination to which some people are subject because of their sexual orientation, for...
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